Civil Procedure Code, 1908, Order 22, Rule 5 -- Impleadment of L.R's on the basis of Will when there is no natural heir of deceased on record - Serious objection as to execution of Will - Issue as to legal representative has to be decided upfront after taking evidence and such issue cannot be decided later...........
Suit for possession -- On basis of redemption of suit land - Challenging execution of sale deed - Plea of plaintiff that at time of execution of sale deed they were minor and sale deed is forged document - No evidence on record produced to prove minority of plaintiffs through date of birth as well as forgery of document of sale deed - Matriculation certificates have no..........
Suit for possession -- On basis of redemption of suit land - Challenging execution of sale deed - Bar of Limitation - As per S.6, suit for declaration to challenge sale deed can be filed within three years from date their disability of minority has been ceased...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction on the basis of agreement to sell - Limitation - Agreement to sell executed in the year 1987 and sale deed in favour of defendants executed in the year 1994 - Suit filed in the year 2004 - Nothing on record that steps were taken by plaintiff to get sale deed executed in his favour -..........
Civil Procedure Code, 1908, Section 60(1)(ccc) -- Execution - Exemption from attachment of sole residential house - Decree for specific performance - Once decree issued in favour of DH is one for specific performance of an agreement in which specific property is subject matter of sale/purchase between parties, a charge would stand created upon such property by itself -..........
Court Fees Act, 1870, Section 7(ivA) -- Court fees - Suit for cancellation of sale deed and for permanent injunction - Alternative pleas taken by plaintiff which are not based only on denial of execution of document - Plaintiffs therefore, are liable to pay Court fee u/s 7(iv-A)(1) of the Act...........
Transfer of Property Act, 1882, Section 54, 55(4)(b) -- Sale - Non payment of sale consideration - If in the sale deed it is mentioned that title has passed on execution of sale deed, then non payment of sale consideration would at the most be recoverable and would remain charge on the property sold/transferred...........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 22 -- Maintenance order - Enforcement - SHO cannot be directed to enforce the order of maintenance when specific powers have been conferred on the Tribunal to ensure due enforcement and execution of order of maintenance...........
Agreement to sell -- Duty of licensed typist to maintain register - Though a typist is not required to maintain the register, however, once a typist is scribing documents, then such typist is performing the duties/functions of a professional scribe, hence, ought to have maintained a register which a licensed professional scribe is required to maintain - In present case,..........
Agreement to sell -- Execution of - Existence of agreement doubtful - Plaintiffs not in possession of agreement to sell when they visited office of Sub-Registrar to execute sale deed in pursuance to the agreement to sell - More so, they never pleaded in plaint that said agreement is lost - Rather loss of agreement to sell for first time reported only after directions..........
